Memo- 2nd Reading for Ordinance 06-977
. MEMO
To:
From:
City Council
Nancy Anderson
Date:
December 12, 2006
Second Reading for Ordinance 06-977
Subject:
Attached is Ordinance 06-977 for second reading. This ordinance is various housing
keeping type amendments to the zoning ordinance.
The City Council's action is to approve the ordinance for second readina and order the
ordinance published.
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 06-977
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS:
That Sections 500, 520, and 535 of Hopkins Code of Ordinances be, and the same and are hereby
amended by amending and adding the following sections:
Section 535 - Zoning: business districts
535.01. Business districts. Subdivision 1. Description. The business (B)
districts are in four categories designated as B-1, B-2, B-3, and B-4.
Subd. 2. The permitted uses of any land or structure in a B district are
those uses indicated by the mark "X" and shall be further subject to those certain
special limitations, requirements and regulations pertaining to those B district
uses specially designated by the following marks: (1), (2) and (3).
(1) means that the use is prohibited on the ground floor;
(2) means that a conditional use permit is required;
(3) means not more than three devices allowed;
(4) means that the use is limited to 5,000 square feet per business.
Subd.3. Capital letters following any "X" mark indicate that the use or
uses permitted are subj ect to and are set forth in the provisions of separate
paragraphs contained in subsection 535.03 which corresponds to the capital letter
or letters set forth in this subsection. The permitted use upon any land or in any
structure in a B district is considered the principal use.
(Amended Ord. 639) (Amended Ord. 96-787)
2.
3.
4 .
5.
6.
7 .
8.
9.
10.
11.
12.
13.
14.
15.
16.
PERMITTED USES
B-1
B-2
B-3
1.
Adult-oriented business, as
governed and regulated by
Chapter 1165 of the City Code.
(Amended 95-762)
Airport
Amusement device
Appliance store
Art shops - pictures
Auction - public or private
Auto repair
Auto accessory and parts
Auto sales and/or lease
Auto wash subject to permit
Armory, auditorium, exhibit hall
Bakery
Banks, savings and loan
Bar - Tavern
Beauty or barber shop
Bike sales
X
X
(3)XBB
X X
(3)XBB XBB
X X
X X
(1) X X
X
(1) X X
(2)XA
X
(2)XB ( 2 ) XB
X X
X (2)XV
X X
X X
X
B-4
(2)XEE
X
X
X
X
X
(4) X
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
Boat - marine sales
Books - office supplies
Bottling plant not in excess of
6,ODO sq. ft.
Boutiques
Bowling - table tennis, pool hall
Broadcasting (T.V. - radio)
Bus and other transit
Business school
Cabinet - electrical, heating,
plumbing, upholstery, air condition-
ing provided the operation does not
exceed 6,000 sq. ft.
Camera - photographic
Carpet and floor covering
Clinics
Clothing store
Clubs (private - non profit)
Coin and stamp
Commercial greenhouse
Costume & formal wear rental
Cycle shop and snowmobile
Currency Exchange (added. 04-920)
Day nursery
Delicatessen
Department store
Dental - Med. Lab
Drive-ins (non food)
Dry cleaning and laundry
Dry cleaning and laundry pickup
Employment agency
Essential public service & utility
structures
Fabric and sewing store
Fixit shop
Florist
Furniture store
Garden and landscape
Gifts and novelties
Glassware, china, pottery
Glass and mirror installation
Grocery, fruit, vegetable
Hardware
Health clubs - studio
Hobby - crafts - instruction
Hotel - motel
Interiors - decorating studio
Jewelry
Karate, health club, dance studio (2)XL
Leather goods - luggage
Library - public or private
Liquors
Locker plan - 6,000 sq. ft. maximum
Locksmith and fixit shop
Lumber and related items
Meats
Mortuary
Motors repairing
Music store
Newsstand
( 2) XJ
( 2) XU
x
x
(2)XE
x
x
(2) XI
( 2) XY
X
(2) XZ
( 2 ) XJ
X
X
X
X
X
X
X
X
(1) X
X
X
X
X
( 1 ) XC
X
X
(2)XW
(2)XE
X
X
(1) X
( 2) XF
( 2) XG
X
X
X
X
XY
X
X
(2) XZ
X
X
X
X
X
( 2 ) XK
X
X
(1) X
X
X
X
(2)XY
X
X
X
X
X
X
( 2 ) XJ
X
X
X
X
X
X
X
( 2 ) XC
( 2 ) XD
X
X
(2)XEE
( 2 ) XE
X
X
( 2) XF
X
X
X
X
XY
X
X
(2) XZ
( 2 ) XJ
X
X
X
X
X
( 2 ) XK
X
X
X
X
( 2 ) XY
X
X
X
X
X
(4) X
X
X
X
X
(2) X
X
(2) XE
X
X
X
X
X
(4) X
(2) (4)XZ
X
X
X
X
X
X
X
X
X
X
X
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.
114.
Offices
Open sales lot
Optical - jewelry mfg.
Orthopedic - medical supplies
(sales and manufacturing)
Paint and wallpaper
Parking ramps and lots
Pawn shop - antiques - used materials
Pet Store
Pharmacy - drug store
Photography - studio
Picture framing - art shop
Pipe - tobacco shop
Post office
Print shop
Public auction (see auction)
Records, TV, radio, sound, phono
Religious institutions, etc.
Rental service
Research labs
Residential
Restaurant - traditional
Restaurant - carry-out and delivery
Restaurant - drive-in
Restaurant - fast food
Roller rink - ice arena
Self-service station
Service station
Shoes - boots store
Sporting goods
Stationery - card shop
Stone monument sales
Tailoring
Taxidermist
Taxi terminal
Theater - non-drive-in
Tires - battery, accessory & recap
Trade school
Transient merchants (Added Ord. 05-947)
Truck - trailer sales
Variety stores
Veterinary clinic
Video - sales, rental
Warehouse - 16,000 sq. ft. maximum,
not abutting Mainstreet (Amended Ord. 2000-841)
(2)XN
(2)XO
x
2)XH
X
X
X
( 2 ) XO
(1) X
X
X
X
X
X
X
X
X
(2) XP
X
(2)XCC
( 2 ) XH
X
X
X
X
X
X
(1) X
X
X
X
AREA AND YARD LIMITATIONS
X
(2)XO
X
X
X
X
X
X
X
X
X
X
X
(2)XCC
( 2 ) XQ
(2)XT
(2)XH
X
X
( 2 ) XR
( 2 ) XS
X
(2)XDD
(2)XM
X
( 2 ) XJ
X
X
X
X
X
X
X
( 2 ) XAA
X
X
X
X
X
X
(2) X
X
X
X
(4) X
(2)FF
X
X
(4) X
X
X
X
X
X
X
Uses permitted in any B district category subject to the following minimum
floor and lot area, lot widths, yard requirements, and building heights, in feet.
B-1 B-2 B-3
Lot area - sq. ft. 5,000 3,000
Lot width - ft. 50 20 25
Floor area requirement - F.A.R. 1.0 6 1.5
Front yard 20 1 1
B-4
1
.
Front yard - P.U.D. 20
Side yard 10 0 0
Rear yard 10 10 15
Requirements for lots fronting state
and county roads, as follows:
Front yard 20
Side yard 10
Building height 25
Front yard of B lots abutting
R district 1/2 of the required R district
Side yard abutting R district same as R district
Rear yard abutting R district same as R district
Rear yard from alley 20 10 15
Building height 25 70 45
10
10
1
10
45
60
535.03 . Conditional use requirements . Subdivision 1. The requirement of a
conditional use permit in connection with any use in any B district is indicated in
subsection 535.01 by appropriate capital letter (A, B, C etc.), which letters refer
to the appropriate paragraph in this subsection bearing the same capital letter.
Subd. 2. Conditional uses within B districts.
EE) Appliance store provided:
1. That the square footage is limited to 5000 square feet.
2. That the retail area is at least 40 percent.
FF) Residential provided:
1. That .:e-fte El~celoior I30ulcvTard residential frontQge dwelling units
abutting a right-of-way of 50 feet or more in width can not occupy the
first floor.
2. That there is at least one underground parking space per unit.
3. That all dwellings must have an entrance leading directly out of the
building.
4. That the density allowed shall be R-5.
520.21 Districts Subdivision 1. Established. The city is divided into the
following zoning use districts:
BP - Business Park
520.03. Cubd 4. Damage or deotruction. If a la"ful non conforming otructure io
deotroyed or dQmaged to the elrtent that the coot to repair ouch dQmage ~;ould be 50
percent or more of the QPpraioed ~alue of the otructure after ouch repQir, the uoe
of land Qnd otructure may not be repaired elccept in conformance ',;i th thio code.
The QPpraioed ~alue ohall be determined by the city Qooeooor.
520.03. Subd. 4 Damage or destruction. In the case of a nonconforming use
destroyed by fire or other peril to the extent of greater than 50 percent of its
market value, and no building permit has been applied for within 180 days of when
the property is damaged, a municipality may impose reasonable conditions upon a
building permit in order to mitigate any newly created impact on adlacent property.
500.61 Waiver of Plat.
Subd. 2. Application. All applications for a waiver of plat must include a survey
of the property to be divided and the new legal descriptions of the property after
the division. This survey will also include locating all existing utilities on the
property. The owner of the property must grant easements for the utili ties if
needed.
First Reading:
December 5, 2006
Second Reading:
December 19,2006
Date of Publication:
December 28, 2006
Date Ordinance Takes Effect:
December 28, 2006
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date